News Archive - March 2011

Appeal granted in UK spouse visa case

Earlier this year, the Secretary of State asked to appeal against the Court of Appeal's judgement in the spouse visa case of Diego Andres Aguilar Quila.

Now, the Supreme Court has now granted the Secretary of State permission to appeal against the judgement of the Court of Appeal.

The 19-year-old man in the case had been forced out of the country after his student UK visa expired and he was unable to apply for a spouse visa because he was under the age of 21.

He was unable to remain despite his marriage to an 18-year-old British woman.

The Secretary of State refused to make allowances, stating that it would damage the rigidity of the scheme.

This was in spite of the fact that it was clear the couple were not being forced into the marriage.

However, the Joint Council for the Welfare of Immigrants (JCWI) helped Mr Quila to appeal the decision.

The Court allowed the appeal, stating that there was a direct interference with common law and respect for family life in preventing Mr Quila's application for a spouse visa on the ground's of his age.

However, the Court did accept that discouraging forced marriages among young people was a legitimate objective in this particular case.

But, JCWI reported, it noted that the "blanket rule that subjected all young couples [under the age of 21] to a non-rebuttable presumption that their marriage was a forced one exceeded what was necessary and proportionate".

Now, the Supreme Court has now granted the Secretary of State permission to appeal against the judgement of the Court of Appeal.

While this is being processed, the effect of the Court of Appeal's judgement has been stayed by the Supreme Court pending the outcome of this latest appeal.

This means that other spouse visa requests for reconsiderations or new applications based on the previous judgement will not now be dealt with until the appeal is finally determined.

JCWI stated that the case is listed for hearing on June the 8th and 9th this year.